Can You Sue After Signing a Waiver?

TL;DR: Yes, you can sue after signing a waiver in certain situations. A waiver does not protect a company from gross negligence, intentional misconduct, or unclear legal terms. If the injury results from unsafe conditions or a breach of duty of care, the waiver may be unenforceable. Courts often throw out waivers that are vague, against public policy, or signed under pressure. Consulting a personal injury lawyer can help determine if you still have a valid claim.

Every day, millions of people sign liability waivers without thinking twice. Whether it’s joining a gym, enrolling your child in a sports program, going skydiving, or even visiting a trampoline park, these agreements are everywhere.

Businesses use waivers to limit their legal exposure if someone gets injured during an activity. But while these documents may seem ironclad, they don’t always protect companies from being sued.

Waivers are meant to cover risks that are inherent in an activity not situations where a company acts recklessly or fails to keep people safe. If negligence or misconduct is involved, you may still have a legal path forward. Understanding how waivers work, what they cover, and their limitations is key to protecting your rights.

What Is a Liability Waiver?

A liability waiver (also called a “release of liability” or “hold harmless agreement”) is a legal contract between you and another party, typically a business or organization. When you sign it, you acknowledge the risks involved in the activity and agree not to hold the company legally responsible if something goes wrong.

These waivers are common in:

• Fitness centers and gyms
• Amusement parks, trampoline parks, and recreational facilities
• Adventure or high-risk activities (e.g., zip-lining, skiing, skydiving)
• Sporting events and tournaments
• Certain medical or wellness treatments

A waiver is essentially a risk allocation tool. It shifts responsibility away from the business and onto the participant. But it only applies to ordinary risks associated with the activity not preventable dangers caused by carelessness or negligence.

Waivers Are Not Always Absolute

Many people believe that signing a waiver means they can’t sue under any circumstances—but that’s not true. A waiver doesn’t give a company unlimited protection.

While it can shield them from ordinary negligence (like twisting your ankle while jogging on a treadmill), it usually doesn’t protect them from things like:

• Failing to maintain equipment properly
• Ignoring safety regulations
• Allowing dangerous conditions to persist
• Hiring unqualified staff to oversee high-risk activities

Courts often differentiate between inherent risks and preventable dangers. If your injury was caused by something that the business could have reasonably prevented, the waiver may not hold up.

Situations Where You May Still Be Able to Sue

There are several specific circumstances where you may still be able to pursue legal action after signing a waiver:

• Gross Negligence or Recklessness: If a business knowingly ignored major safety hazards (e.g., broken equipment at a gym or unsafe conditions at a theme park), the waiver typically won’t protect them.
• Intentional Misconduct: Waivers cannot protect a company from intentional harm or willful wrongdoing.
• Ambiguous or Poorly Written Waivers: Courts may strike down waivers that are unclear, overly complex, or fail to explain what risks are being waived.
• Violation of Law: If the company violated state or federal safety laws, the waiver may be considered invalid.
• Fraud or Misrepresentation: If you were misled about the risks or the nature of the activity, the waiver could be challenged.

In short, waivers do not excuse carelessness or illegal behavior.

State Laws Play a Big Role

The enforceability of waivers isn’t the same everywhere. Different states have different standards for what makes a waiver valid.

For example:

• Some states strictly enforce waivers as long as they are clear and signed voluntarily.
• Others are more protective of consumers, making it easier to challenge waivers in court.
• Certain states don’t allow waivers to cover gross negligence or intentional acts at all.
• Waivers involving minors are treated differently in many jurisdictions and are often not enforceable.

Because of these differences, whether or not you can sue after signing a waiver depends not only on the situation but also on where the incident occurred.

Courts Examine How the Waiver Was Signed

The way a waiver is presented and signed can determine whether it holds up in court. Judges don’t just look at the words; they consider how the agreement was executed.

Courts may ask:

• Did you have enough time to read and understand it?
• Was it presented in clear language or buried in fine print?
• Were you pressured or rushed into signing it?
• Was the waiver written in overly complex legal jargon?
• Did you fully understand the risks you were waiving?

If the waiver was signed under unfair or misleading circumstances, the court may decide it’s invalid.

Minors and Waivers

When it comes to minors, waivers are much more complicated. In many states, parents or guardians cannot legally waive their child’s right to sue for personal injuries caused by negligence.

Even if a parent signs a waiver for their child to participate in a sports activity, trampoline park, or school trip, the waiver might not hold up in court if:

• The injury resulted from negligence or unsafe conditions
• The waiver was not clearly explained
• The state prohibits such waivers altogether

This legal protection is meant to prioritize the safety of children over business interests.

You Can Still Report Unsafe Conditions

Signing a waiver doesn’t silence you. Even if you can’t or choose not to pursue a personal injury lawsuit, you still have the right to report unsafe conditions to relevant authorities or regulatory agencies.

For example:

• You can report a dangerous gym to health and safety inspectors.
• Unsafe amusement parks or attractions can be reported to state regulators.
• Violations of building or safety codes can trigger fines or shutdowns.

This not only protects your rights but can also help prevent others from being injured.

The Role of an Attorney in Challenging a Waiver

Challenging a waiver in court is not always simple. Businesses have legal teams, and insurance companies often try to dismiss claims based on signed waivers. This is where an experienced personal injury attorney can make a difference.

A lawyer can:

• Carefully review the language of the waiver for loopholes or vague wording.
• Determine whether gross negligence, recklessness, or legal violations occurred.
• Investigate the conditions surrounding the injury.
• Build a strong legal argument to challenge the waiver’s enforceability.
• Negotiate with the insurance company for a fair settlement or take the case to court if needed.

Even if you signed a waiver, an attorney may still find valid grounds to pursue compensation.

To Sue After Signing a Waiver, Evidence Still Matters

Even the best legal argument won’t hold up without solid evidence. If you were injured after signing a waiver, gather as much documentation as possible:

• Clear photos or videos of the scene and what caused the injury
• Witness statements and their contact information
• Medical reports, bills, and treatment records
• A copy of the waiver and any related paperwork
• Emails or messages exchanged with the company before or after the incident

The more evidence you have, the stronger your case will be, especially if you’re trying to prove negligence.

Final Thoughts: Waivers Are Not Always the Final Word

Many people mistakenly believe that signing a waiver ends their right to pursue justice but that’s far from the truth. Waivers can limit some claims, but they don’t excuse reckless, negligent, or illegal behavior.

If you’ve been injured and signed a waiver, don’t assume you’re out of options. With strong evidence, an understanding of state laws, and the right legal support, it’s often possible to challenge a waiver and seek fair compensation.

Don’t let legal jargon or a signature stop you from exploring your options. A skilled personal injury lawyer can review your case, challenge the waiver if possible, and help you pursue the compensation you deserve. Schedule a free consultation today.